Research On Single Color Trademark Registration

With the development of economy and the progress of science and technology,people’s material needs get great satisfaction, various types of goods filled with themarket. Especially since the21st century, the network transaction platform isdeveloping rapidly, more and more people shopping on the Internet, which makes thedistance of the commodity producers and consumers are widening again. Consumerswho prefer the high quality good before，now prefer the well known trademark withgoodwill. Trademark become the most important symbol manifesting the value ofgood. Both consumers and producers come to distinguish different goods rely ontrademark. A businessman who want to stand out from so many competitors, will haveto use a new logo to attract consumers. Therefore, merchants more and more likeusing color as their trademark. And the quantity of the enterprises using a single coloras a trademark also gradually increase. Our trademark law is a lack of detailed rulesabout the registration of single color trademark. So we can hardly protect this type oftrademark. It not only hit the enthusiasm of enterprises, but also to a certain extent,restrict the development of the trademark law. A single color trademark registrationsystem must be established.The following question must be taken into account when we establish singlecolor trademark registration system. First, the color per se is descriptive, so it does nothave the capacity to distinguish the source of goods or services.Thenon-distinctiveness is the key factors that hinder the single color registered. Second Color Depletion and Shade Confusion theory. Someone think single color registrationcan hinder competitors free using the necessary color. So, from the perspective ofpublic interests, some single color symbol cannot be registered.Through thediscussion on the legality of the single color trademark registration, I think that asingle color trademark registration include two conditions: distinctiveness andinfluence on competition.Therefore, this article firstly analysis of the distinctiveness and functionality of asingle color trademark. And then based on the legal practice of our country, analysislegitimacy of the single color trademark registration in China. I think single colortrademark does not violate the basic principles of trademark law. In chapter two, Icompared the single color trademark protection system in the United States and theEuropean Union, trying to find a suitable protection mode in China. The United Statesuse the functional principles to limit of single color trademark registration. The EUthink that color trademark must have fact distinctiveness and legal distinctiveness. Inchapter three, the author tries to find out a single color trademark protection mode thatconforms to our country actual situation, and concludes some factors about singlecolor trademark registration. Finally, on the basis of above analysis, I conclude thatthe acquire distinctiveness is the requirement for single trademark registration. Andthe examination of single color trademark should include form examination andsubstantive examination.